JUDGMENT

FAZL ALI, J.:— Five accused persons, namely, accused No. 1 K. Ramachandra Reddy, No. 2 Manne Sreehari, No. 3 Prabhakar Reddy, No. 4 Sudhakara Reddy and No. 5 Bhaskar Reddy were put on trial in the Court of First Additional Sessions Judge, Nellore under Sections 147, 148, 302/149 and 302/34, I. P. C. for having caused the murder of the deceased Venugopala Reddy resident of Rachakandrika village of Nellore District. The learned Sessions Judge after recording the evidence of the prosecution and hearing the arguments rejected the entire prosecution case and held that the prosecution had miserably failed to prove the case against any of the accused and he accordingly acquitted all the five accused by his judgment dated July 25, 1973. The State of Andhra Pradesh thereafter filed an appeal under Section 417 of the Code of Criminal Procedure against the order of acquittal passed by the learned Additional Sessions Judge, Nellore. The appeal was heard by a Division Bench of the Andhra Pradesh High Court which reversed the order of acquittal passed by the learned Session Judge only in respect of accused Nos. 1 and 2 and convicted them under Section 302/34, I. P. C. and sentenced them